Articles 2023

Aujourdʼhui
Aujourdʼhui
The Vexatious Litigant in Construction Law

The Vexatious Litigant in Construction Law

  • 31 mai 2016
  • David Debenham

David Debenham shares his view on how a particular class of self-represented litigants are damaging the legal system.

Droit de la construction et infrastructure
Bill S-224 – <em>Canada Prompt Payment Act</em> passes first reading

Bill S-224 – Canada Prompt Payment Act passes first reading

  • 27 mai 2016
  • Ted Betts

On April 13, 2016, the Canadian Senate passed the first reading of Bill S-224, An Act respecting payments made under construction contracts, to be known as the Canada Prompt Payment Act. On April 19, Bill S-224 was put on the Order Paper for second reading.

Droit de la construction et infrastructure
Limitation Periods, Forbearance, and Breach of Trust Claims

Limitation Periods, Forbearance, and Breach of Trust Claims

  • 06 mai 2016
  • David Debenham, McMillan

In Employment Professionals Canada Inc. v. Steel Design the Court once again deals with the thorny question of limitation periods where business people decide to forebear on their legal rights, this time in the context of a “prevenient arrangement”. Where labour or materials are supplied under an arrangement or understanding that supplies are provided at a going rate per hour or per item for one project, even if they are not ordered at one time, this is a “prevenient arrangement”.

Droit de la construction et infrastructure
<em>Construction Lien Act</em> Review

Construction Lien Act Review

  • 05 mai 2016
  • Ted Betts, Gowling WLG

The long, 32 year wait to reform Ontario’s Construction Lien Act may soon be over. The Province’s independent expert review of the Act is expected to submit its final report and recommendations at the end of April.

Droit de la construction et infrastructure
Case Comment: Keenan v. Canac Kitchens Ltd 2016 ONCA 79

Case Comment: Keenan v. Canac Kitchens Ltd 2016 ONCA 79

  • 26 avril 2016
  • Sia Moshiri, LPP Candidate, Heal & Co LLP

The Ontario Court of Appeal (“ONCA”) in the recent decision, Keenan v. Canac Kitchens Ltd 2016 ONCA 79 (“Keenan”) grappled with a frequent issue facing construction companies that often blur the line between independent contractors and employees.

Droit de la construction et infrastructure
Infrastructure Development Primer II: Into the Trenches - Recap

Infrastructure Development Primer II: Into the Trenches - Recap

  • 26 avril 2016
  • Lindsay Krauss

Given the continued market interest in the P3 model and the complex nature of the contractual relationships in P3 projects, the Construction and Infrastructure Law section of the OBA hosted the “Infrastructure Development Primer II: Into the Trenches” at the end of March, building on the inaugural success of last year's Construction and Infrastructure Section's "Infrastructure Development Primer".

Droit de la construction et infrastructure
Gross Negligence or Negligence? It Depends

Gross Negligence or Negligence? It Depends

  • 22 mars 2016
  • Parker McKibbon

A common point of negotiation in construction industry contracts is whether the standard of negligence should be “negligence” or “gross negligence”.

Droit de la construction et infrastructure
Metron Construction Project Manager Sentenced to 3.5 Years in Prison

Metron Construction Project Manager Sentenced to 3.5 Years in Prison

  • 21 mars 2016
  • Richard Wong with Allan Wells, Daniel Wong and Lauren Harper

Efforts have raised the bar in a collective effort to prevent injury or death in the workplace. Nevertheless, the Metron decisions remain a stark reminder of the potential liability faced by companies, their directors and individuals directing the work of others under the Code and occupational health and safety legislation.

Droit de la construction et infrastructure